Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: Oldpuppymax

The burden of proof really doesn’t matter in this case. The plaintiffs showed by a preponderance of the evidence, that Barack Obama was eligible. Presented in court on January 26 were:

1. Barack Obama long-form birth certificate showing he was born in Hawaii (Taitz, Irion)
2. Indonesian school registration form showing he was born in Hawaii (Taitz)
3. US Passport showing he was born in Hawaii (Taitz)
4. Allen FOIA for Soetoro with State Department memo to the file that Obama was born in Hawaii
5. Allen FOIA for Obama Sr. with handwritten note from August of 1961 stating Obama II was born in Honolulu, Hawaii on August 4. 1961. (Hatfield)

The Court, seeing all of that unrefuted (the Court found Taitz’s experts “unqualified”) evidence, and recognizing that the eligibility theory arguments of Hatfield and Irion were junk as a matter of law, was able to conclude based on the law and the preponderance of the evidence that Barack Obama is eligible.

Even if Obama had the burden of proof, his opponents made the case for him.


90 posted on 02/18/2012 8:30:57 AM PST by Doc Conspiracy (Fishing for gold coins in a bucket of mud)
[ Post Reply | Private Reply | To 8 | View Replies ]


To: Doc Conspiracy
The burden of proof really doesn’t matter in this case.
I would beg to differ. Are you condoning ignoring Georgia's statutes which place the burden of proof on candidates seeking federal office?

Things must be getting serious as the spurious arguments just keep on coming.
So how could Malihi use any of that "evidence" in support of his decision when he said the "evidence" had no value.

What does "considered" mean?

91 posted on 02/18/2012 8:37:04 AM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
[ Post Reply | Private Reply | To 90 | View Replies ]

To: Doc Conspiracy
BTW, did Malihi refute Minor v Happersett's definition of NBC and explain why or did he merely pass the buck?

@Farrar/Welden/Swensson/Powell v Obama - Judge Malihi Final Decision - Georgia Ballot Challenge - 2/3/2012

93 posted on 02/18/2012 8:51:42 AM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
[ Post Reply | Private Reply | To 90 | View Replies ]

To: LucyT; DiogenesLamp; philman_36; Flotsam_Jetsome; Red Steel; edge919; GregNH; Doc Conspiracy

Doc Conspiracy happy dance ping...


96 posted on 02/18/2012 9:03:29 AM PST by Seizethecarp
[ Post Reply | Private Reply | To 90 | View Replies ]

To: Doc Conspiracy

Judge Malihi stated the evidence submitted had no probative value. A “preponderance” of non-probative evidence would not prove Obama was born in the United States.


100 posted on 02/18/2012 9:45:15 AM PST by edge919
[ Post Reply | Private Reply | To 90 | View Replies ]

To: Doc Conspiracy; LucyT
Barry couldn't get a drivers license or even get into Little League with the “preponderance of the evidence” you have listed.

Barry's legal team has spent untold $$ to insure that no certified BC for Barry has ever been “produced” in evidence and this incriminating pattern of behavior has continued in this GA ballot challenge. Only a photocopy image of an alleged certified copy of the HI LFBC with alleged raised seal was presented as hearsay “evidence” by Irion and Taitz, and also sent ex parte by Jablonski to SOS Kemp and copied to Malihi.

Failing to find SCOTUS support, or support in ANY federal case to support Barry's NBC eligibility, Malihi resorted to dicta in Ankeny, an Indiana state appeals court case. In Ankeny the judges failed elementary grammar, not to mention proper legal construction, in claiming that the Minor v. Happersett NBC language supported rather than refuted Barry's eligibility. No subsequent federal case affirms this claimed precedent ruling on the NBC definition...thus the resort to the state case, Ankeny.

The dishonest twisting of the Minor case NBC language by the Ankeny panel takes place in the interpretation of two sentences:

“Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of the parents. As to this class there have been doubts, but never as to the first.”

The Ankeny panel replaces the word “citizens” in the first sentence with the meaning “natural born citizens.” This is clearly false.

Then the Ankeny panel takes the words “this class” in the second sentence and deems them to mean “this natural born citizen class” about which “there have been doubts” which is false. As the first sentence clearly says, it is the citizenship, not the NBC status, of “children born within the jurisdiction without reference to the citizenship of the parents” about which “there have been doubts,” not their NBC status.

The WKA court only resolved the citizenship status of WKA, NOT his NBC status, which even the Ankeny panel admitted, as did Malihi.

So in GA we have Malihi affirming Barry is NBC relying on dicta in Ankeny twisting the dicta in ARK which cited a holding in Minor v Happersett...a holding defining NBC to "no doubt" EXCLUDE Barry if constructed strictly.

108 posted on 02/18/2012 10:18:13 AM PST by Seizethecarp
[ Post Reply | Private Reply | To 90 | View Replies ]

To: Doc Conspiracy
Yeah, the guy that goes around dressed like this is objective! Ha ha ha ha ha!


169 posted on 02/18/2012 3:02:01 PM PST by DiogenesLamp (Partus Sequitur Patrem)
[ Post Reply | Private Reply | To 90 | View Replies ]

To: Doc Conspiracy

“2. Indonesian school registration form showing he was born in Hawaii (Taitz)”

The Indonesian school record says Barry Soetoro was born in Honolulu, HI. If Obama had shown up for trial, the evidence could have been clarified.

Plaintiff’s counsel to witness Obama:

Who is Barry Soetoro?

Does Barry Soetoro have a COLB on file with the Hawai’i DoH?

If it’s possible for Barry Soetoro to be a citizen at birth due to his birth in Hawai’i, then how can Barry Soetoro be an Indonesian National in the 2nd grade when we know parents cannot renounce the U.S. citizenship of their children?

Why was Barry Soetoro allowed to renounce his citizenship at birth status to become an Indonesian National and Barack Hussein Obama II was not?

Who is Soebarkah?

Have you ever been issued a passport from the country of Indonesia?


316 posted on 02/21/2012 6:23:03 AM PST by SvenMagnussen (What would MacGyver do?)
[ Post Reply | Private Reply | To 90 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson